SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: 23-106-1. Short title. This chapter shall be known and may be cited as "The Charlotte A. Vacca Act." 23-106-2. Definitions. As used in this chapter:
(1) "Owner" means the proprietor, operator, lessor, or sublessor of commercial real estate defined in § 34-49-2, which is utilized, in whole or in part, by a retail establishment.
(2) "Retail establishments" means all sales outlets, stores, shops, or other places of business located within the state, which operate primarily to sell or convey food or goods.
(3) "Vehicle barrier" means a safety device that meets, at a minimum, the vehicle impact protection standards as adopted and amended by the Rhode Island building code commission, and that is installed to protect persons located within or on the property or to protect pedestrians, from collisions into buildings by motor vehicles. 23-106-3. Installation of vehicle barriers.
(a) Owners, as a part of any new construction of commercial real estate or buildings thereon, shall install vehicle barriers. Owners shall also be encouraged to install vehicle barriers at the locations of all of the owner's other retail establishments to protect persons and pedestrians on the property or within the establishment. Provided, any vehicle barrier shall be installed so that there is sufficient space to ensure wheelchair access and to otherwise be in compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and any other applicable state and local law regarding access for persons with disabilities.
(b) Provided, the vehicle barriers required under this section shall not be required immediately in front of the entrance to the building if the parking lot lanes or stripe lines in the front lot are parallel to, and not perpendicular to, the front entrance to the building. 23-106-4. Insurance discount.
(a) An insurer shall consider the installation of vehicle barriers as a safety measure and shall provide or offer a discount on the owner's insurance covering damage or loss to the covered commercial real estate or liability arising out of the ownership, maintenance, or use of the commercial real estate relative to the reduced risk to the property as a result of installation of the vehicle barrier(s).
(b) Any discounts on insurance provided in accordance with this section shall be determined to be actuarially sound and approved by the insurance commissioner prior to their utilization by insurers.
SECTION 2. This act shall take effect upon passage.